¶1said the defendant Burtis, as a prior mortgagee, was entitled to his whole costs, including the costs of his answer, to he first paid out of the proceeds of *43the mortgaged premises, or to be paid by the complainant personally, in the discretion of the court; that in ordinary cases it was not necessary to- call for an answer from the prior mortgagee as to the amount due upon his mortgage, but the amount should be left to be settled by the master upon the usual order of reference, under the 134th rule of the court • and that if the complainant called for an answer from the prior mortgagee without any sufficient cause, he ought to be charged with the extra costs occasioned thereby, to be paid by him personally.
10 Paige Ch. 42
Boyd v. Dodge
Decided January 4, 1843
New York Court of Chancery · decided 1843-01-04
This was an application for a decree in a foreclosure cause upon bill and answer as to the defendant Burtis, and upon the bill taken as confessed as to the other defendants. Burtis was a prior mortgagee j and the complainants stated in their bill that they did not know the amount due upon the prior mortgage, and prayed for a discovery thereof. The counsel for Burtis asked for costs.
Decided 1843-01-04